Judge allows witness
in 1975 murder of teen

The state's delay of the trial
was not tactical, the circuit judge rules

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By Debra Barayuga
dbarayuga@starbulletin.com

The surviving witness in the 27-year-old murder of a Kailua teenager will be allowed to testify in the trial against former Kaneohe Marine Delmer Edmonds Jr., a Circuit Court judge ruled yesterday.

Judge Marie Milks denied a request by Edmonds to exclude the testimony of Cherie Verdugo, who along with Dawn Bustamante was abducted at gunpoint in March 1975 and driven to an isolated area near the Pali Golf Course.

Edmonds faces trial in mid-October for allegedly shooting Bustamante to death and attempting to murder Verdugo, now Verdugo-McCoy.

Milks' ruling was in response to Edmonds' request to dismiss the charges against him based on the delay in indicting him, the involvement of the Naval Criminal Investigative Services and statements Verdugo had made while under the influence of sodium amytal, more commonly referred to as "truth serum."

Edmonds contended the delay prejudiced him because at least three people, including two who could confirm where he was the night of the murder, have since died and that police have lost a yellow hat seized as evidence from his car in 1975.

Milks ruled that while there was a delay, Edmonds did not suffer actual prejudice and that the state did not purposely delay the proceedings in an attempt to gain tactical advantage.

She also found that the joint investigation by Honolulu police and Naval Criminal Investigative Services did not violate the federal act that prohibits the use of military personnel to investigate civilian matters not related to military purposes.

The defense had argued against Verdugo taking the stand or having her statements in May 1975 and subsequent statements in 2001 excluded.

Deputy public defender Susan Arnett had argued that Verdugo's testimony could be "tainted" by the "chemically enhanced" May 1975 interview.

Milks ruled Verdugo's testimony will be restricted to statements she made in March 1975.

Deputy Prosecutor Rom Trader said Verdugo's testimony is significant to the state's case.